Community Development Block Grant – Disaster Recovery (CDBG-DR)
Owner Certification
Date: ______
Property Name: / Total # of Units:Property Address: / Total # of CDBG-Assisted Units:
CDBG National Objectives
Owner certifies that this project meets at least one of the national objectives as defined by 24 CFR 570.483. (Check all that apply)
X / Benefiting Low- and Moderate-Income PersonsPreventing or Eliminating Slums or Blight
Meeting Urgent Needs
Indirect Benefit
Owners are permitted to apply for funding for new construction or to rehabilitate units not damaged by the disaster if the activity clearly addresses a disaster-related impact and is located in one of the most Impacted and Distressed disaster-affected counties.
Owner certifies that the project is located within one of the 9 most impacted counties (check applicable box below):
Atlantic / MiddlesexBergen / Monmouth
Cape May / Ocean
Essex / Union
Hudson
Priority for Displaced Sandy Victims
Owner certifies the project will comply with the Housing Resource Center registration requirements as well as granting a priority for FEMA registrants (or other evidence of displacement) during the first 3 months of lease-up.
Term of Affordability
Owner certifies the term of affordability for all affordable units will be a minimum of 20 years.
Duplication of Benefits
Owner certifies that the project will comply with all regulations regarding Duplication of Benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act at 42 U.S.C. 5155, 24 CFR 570 and Federal Register Notice 76 FR 71060.
Federal law prohibits any person, business concern or other entity from receiving federal funds for any part of such loss as to which he has received financing assistance under any other program or from insurance or any other source (such as FEMA, SBA, Insurance proceeds, other federal funds such as HOME, CDBG, local/state government funds, private or non-profit relief assistance and housing trust funds) where the assistance amount exceeds the need for a particular recovery purpose.
List amount and source for ALL financial assistance the project has received:
SourceAmount
Total Sources:$ ______
Total Development Cost:$ ______
Eligible Uses
Owner certifies that funds will be used solely for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted anddistressed areas for which the President declared a major disaster in the aftermath of Superstorm Sandy, pursuant to the Stafford Act.
Owner further certifies that no funds have been allocated for or will be utilized for “second homes”, as defined in IRS Publication 936.
FEMA Base Flood Elevation Maps
Owner certifies that they will elevate new construction and substantially improved structures one foot higher than the latest Federal Emergency Management Agency (FEMA) issued base flood elevation, as stipulated in the Federal Register Volume 78, Number 76 (Friday, April 19, 2013).
Owner Compliance
Owner agrees to abide by any and all federal, state, andmunicipal laws, codes, ordinances, rules and regulations applicable to the Project, whether presentlyexisting or hereafter promulgated, including without limitation environmental laws, building codes, landuse, and zoning codes. Owner agrees to comply with all Program requirements, HUD regulations andthe provisions of 24 CFR Part 570, as amended from time to time, and all federal regulations and policiesissued pursuant to these regulations.
Federal Cross-Cutting Requirements:
Owner certifies that the project will comply with the following federal requirements:
Fair Housing Act(42 U.S.C. 3601-19) and implementing regulations at 24 CFR Part 100 and the regulations at 24 CFR Part 107 (Equal Opportunity in Housing)
Title VI of the Civil Rights Act of 1964, as amended in 1988(42 U.S.C. 2000(d)) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR Part 1.
The Age Discrimination Act of 1975(42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146 “Nondiscrimination on the Basis of Age in HUD Programs or Activities Receiving Federal Financial Assistance.”
Affirmative Marketing Owner must create and comply with the affirmative fair housing marketing plan.
Section 109 of Title I of the Housing and Community Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part §570.602),
Section 504 of the Rehabilitation Act of 1973(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8 “Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of the Department of Housing and Urban Development.”
Title II of the Americans with Disabilities Act of 1990
Housing for Older Persons Act of 1995 (HOPA)
National Environmental Policy Act (NEPA) and Related Laws 24 CFR Part 58.6, including ongoing requirements related to any required mitigation for the project resulting from the NEPA review and clearance, and flood insurance as required by the National Flood Insurance Reform Act of 1994, if applicable.
Lead-Based Paint Poisoning Prevention Act and the Residential Lead-Based Paint Hazard Reduction Act of 199224 CFR part 35, subparts A, B, J, K, and R.
Davis-Bacon Prevailing Wages24 CFR Section 570.603, and therequirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §276(a) to (a-7)
Contract Work Hours and Safety Standards Act 40 U.S.C. 3141 et seq. Mechanics and Labors are paid wages of not less than one and one-half times their basic wage rates for all hours in excess of forty in a work week.
“Anti-Lobbying” Restrictions (Restrictions on lobbying in 31 USC 1352 and implementing regulations at 24 CFR Part 87 “New Restrictions on Lobbying”.)
2 CFR Part 2424 “Non-procurement Debarment and Suspension”subpart C of 2 CFR Part 180, as required by 2 CFR Part 2424.
Copeland “Anti-Kickback” Act(18 U.S.C. §874) as supplemented by the Department of Labor regulations contained in29 CFR Part 3.
Minority and Women-Owned Business Enterprises 24 CFR Part 85.36(e)requires Owner to take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible.
Section 3of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) as amended, and implementing regulations at 24 CFR part 135. Section 3 requirements apply to all individual properties assisted with these funds, regardless of the actual amount spent on each individual unit/property.
Displacement, Relocation, Acquisition and Replacement of Housing Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended (49 CFR Part 24) and Section 104(d) of the Housing and Community Project Act of 1974 as amended.
Recordkeeping requirements 24 C.F.R. 570.490 Project Activity Records, including supporting documentation such as Housing and Beneficiary Records and Labor standards records (Section 3, CWHSSA, and Davis Bacon), shall be retained for at leastfive years from closeout of the grant to the state.
CERTIFICATION
I, ______, hereby represent and state that the foregoing information, and all information submitted for the purpose of applying for Community Development Block Grant-Disaster Recovery funds (CDBG-DR) , is true and complete. I acknowledge that the New Jersey Housing and Mortgage Finance Agency is relying on said information and thereby acknowledge that the undersigned entity is under a continuing obligation, from the date of this Certification through the completion of the Project, to notify NJHMFA in writing of any changes to the information contained in this certification and in the application. Under penalty of perjury, I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am and/or the undersigned entity is subject to criminal prosecution under the law, and disqualification from future participation awards of CDBG-DR funds in New Jersey.
Sworn and subscribed to before the undersigned
Notary Public on the date appearing below:
By:______
Witness/Attest (Secretary)Authorized Representative/
President of Corporation
______
Print Name and Title
ACKNOWLEDGMENT
CORPORATIONS
I CERTIFY that on ______, ______, ______personally came before me, and acknowledged under oath, to my satisfaction, that he/she is the Secretary of ______, the Corporation named in the within Instrument; that ______is the President of said Corporation; that the execution, as well as the making of this Instrument, has been duly authorized by a proper resolution of the Board of Directors of the said Corporation and said Instrument is signed and delivered by said President as and for the voluntary act and deed of said Corporation, in the presence of deponent, who thereupon subscribed his/her name thereto as attesting witness.
LIMITED PARTNERSHIPS
I CERTIFY that on ______, ______, ______personally came before me, and acknowledged under oath, to my satisfaction, that (a) he/she is the president of ______, the general partner of ______, the Limited Partnership named in this document; (b) he/she was authorized to execute this document on behalf of the partnership and; (c) this document was signed and delivered by him/her as the voluntary act of the general partner and the limited partnership.
LIMITED LIABILITY COMPANIES/PARTNERSHIPS
I CERTIFY that on ______, ______, ______personally came before me, and acknowledged under oath, to my satisfaction, that (a) he/she is the president of ______, the voting member of ______, the Limited Liability Company/Partnership ("LLC/LLP") named in this document; (b) he/she was authorized to execute this document on behalf of the LLC/LLP and; (c) this document was signed and delivered by him/her as the voluntary act of the voting member and the LLC/LLP.
SWORN TO AND SUBSCRIBED before me this ______day of ______.
______
A Notary Public of ______
My Commission Expires on: ______